New v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Washita Countyj before-Clinton'F. Irwin, Trial Judge. Tbe plaintiff in error, Jobn T. New, was indicted by a grand jury of the district court of Washita county, on the charge of murder, and tried and convicted at the May, 1901, term, and sentenced to imprisonment at hard labor in the-penitentiary for life. Exceptions were saved to certain rulings, a motion for a new trial filed and overruled, and-the case brought to this court for review.
1Opinion of the Court
Opinion of the court by
Pancoast, J.:
The errors assigned are grouped under three heads, and we will consider them in the order assigned in plaintiffs brief. First, error in neglecting to instruct the jury as to the different degrees included in the charge, murder and manslaughter. 'The question is squarely raised here whether it is necessary in all cases of trial for homicide to instruct the jury not only upon the question of murder, but also upon the question, of manslaughter, whether the 'evidence does or does not tend to prove either of the degrees of manslaughter.
We think the law is…
2Cases cited7 opinions
- State v. KilgoreSupreme Court of Missouri · 1879
- People v. Lee GamCalifornia Supreme Court · 1886
- State v. RheaSupreme Court of Kansas · 1881
- Lawson v. Territory of OklahomaSupreme Court of Oklahoma · 1899
- State ex rel. Rude v. YoungSupreme Court of Florida · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Miller v. PriceSupreme Court of Oklahoma · 1934
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1915
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Robinson v. Territory of OklahomaSupreme Court of Oklahoma · 1905
- Buttry v. StateCourt of Criminal Appeals of Oklahoma · 1921
8 more not listed; retrieve them via the Exa API.